ICICI BANK LIMITED Vs. MAFATLAL ENGINEERING INDUSTRIES LTD

JUDGEMENT

(1.) The Applicant in both these Notices of Motion is the Sub Divisional Officer, Thane, Collector Office, District Thane. He has applied for discharging the Court Receiver appointed in the above Suit and Petition by orders dated 12th October, 2001 and 23 rd July, 2003 for part of the suit properties.

(2.) The Applicant claims a part of the suit properties being 25.58.8 hectors of open vacant land out of which 18.32 hectors is resumed by the State Government and in possession of the Applicant, 3.54 hectors being allowed to the Railways by the Government and 4.18 hectors having been granted to one Nutan Workers Society by the Government . The Applicant also claims .70 hectors of land forfeited by the Government under order dated 12th March, 1999 passed by Tahasildar, Thane and taken possession by the Government for nonpayment of revenue by the Defendant s /Re spondent s being Mafatlal Engineering Limited (in liquidation)(Mafatlal. This claim is for part of the lands from the total 58.82.8 hectors of the land belonging to the first Defendant Company in Suit No.3156 of 1999 and Misc. Petition No.27 of 2000.

(3.) It is the case of the Applicant that the lands claimed by the Applicant were acquired under a notification dated 8th February, 1949 issued under Section 6 of the Land Acquisition Act, 1894 (LAA) for the erstwhile company of Mafatlal for a specified purpose, which purpose not having been complied have been resumed by the Government under an order dated 9th Janua ry, 1967, which initially came to be stayed in Appeal after which the stay was lifted and possession of the lands was taken by the Government under the final resumption made on 16th April, 1990 under the provisions of Maharasht ra Land Revenue Code, 1966 (LRC. The final order of resumption dates back to the first resumption made in 1967.